Butler v. Social Security Administration
OPINION AND ORDER by Magistrate Judge Steven P. Shreder granting 24 Motion for Attorney Fees. (adw, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA
GARY L. BUTLER,
CAROLYN W. COLVIN,
Acting Commissioner of the Social )
Case No. CIV-14-254-SPS
OPINION AND ORDER AWARDING SUPPLEMENTAL
ATTORNEYS’ FEES TO THE PLAINTIFF UNDER THE EAJA
The Plaintiff was the prevailing party in this appeal of the Commissioner of the
Social Security Administration’s decision denying benefits under the Social Security Act,
and was awarded attorneys’ fees under the EAJA in the amount of $4,522.00. See
Docket No. 23.
He now seeks a supplemental award of $570.00.
Supplemental Motion for Additional Attorneys’ Fees under the Equal Access to Justice
Act (“EAJA”) [Docket No. 24].
The Commissioner has not responded to the
Supplemental Motion, and the time for response has expired. For the reasons set forth
below, the Court concludes that the Plaintiff should be awarded the requested
supplemental fees under the EAJA as the prevailing party herein.
Upon review of the record herein, the Court finds that said amount is reasonable
and that the Commissioner should be ordered to pay it to the Plaintiff as the prevailing
party herein. See 28 U.S.C. § 2412(d)(1)(A) (“Except as otherwise specifically provided
by statute, a court shall award to a prevailing party other than the United States fees and
other expenses, in addition to any costs awarded pursuant to subsection (a), incurred by
that party in any civil action (other than cases sounding in tort)[.]”); see also Manning v.
Astrue, 510 F.3d 1246, 1251 (10th Cir. 2007) (“The EAJA therefore permits attorney’s
fees reimbursement to financially eligible prevailing parties, who make a proper
application, and not to their attorneys.”).
Accordingly, IT IS ORDERED that the Plaintiff’s Supplemental Motion for
Additional Attorneys’ Fees under the Equal Access to Justice Act (“EAJA”) [Docket No.
24] is hereby GRANTED and that the Government is hereby ordered to pay supplemental
attorney’s fees in the amount of $570.00 to the Plaintiff as the Prevailing party herein. IT
IS FURTHER ORDERED that if the Plaintiff’s attorney is subsequently awarded any
fees pursuant to 42 U.S.C. § 406(b)(1), said attorney shall refund the smaller amount of
such fees to the Plaintiff pursuant to Weakley v. Bowen, 803 F.2d 575, 580 (10th Cir.
IT IS SO ORDERED this 19th day of August, 2016.
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